Competition Policy on Exclusionary Conduct: Toward an Effects-Based Analysis?

"The thesis of this essay is that consumers are best served by a competition policy toward exclusionary conduct featuring both form-based and effects-based elements. Desirable form-based elements include a rigorous dominance screen and safe harbours for narrow categories of conduct. Desirable effects-based elements include the “no economic sense” test, which deems conduct exclusionary only if it would make no economic sense but for a tendency to eliminate competition."